Notice2025-23772
Certain Magnesia Carbon Bricks From the People's Republic of China: Notice of Court Decision Not in Harmony With the Final Determination in Covered Merchandise Inquiry; and Notice of Amended Final Covered Merchandise Inquiry Determination
Primary source
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Published
December 29, 2025
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
On October 9, 2025, the U.S. Court of International Trade (CIT) issued its final judgment in Fedmet Resources Corporation v. United States, Court No. 23-00117, sustaining the U.S. Department of Commerce (Commerce)'s remand redetermination pertaining to the covered merchandise inquiry (CMI) related to refractory bricks with added alumina. Commerce is notifying the public that the CIT's final judgment is not in harmony with Commerce's final determination in that CMI, and that Commerce is amending the final CMI determination to find that refractory bricks with added alumina are excluded from the orders.
Full Text
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<title>Federal Register, Volume 90 Issue 245 (Monday, December 29, 2025)</title>
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[Federal Register Volume 90, Number 245 (Monday, December 29, 2025)]
[Notices]
[Pages 60616-60617]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-23772]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-954, C-570-955]
Certain Magnesia Carbon Bricks From the People's Republic of
China: Notice of Court Decision Not in Harmony With the Final
Determination in Covered Merchandise Inquiry; and Notice of Amended
Final Covered Merchandise Inquiry Determination
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On October 9, 2025, the U.S. Court of International Trade
(CIT) issued its final judgment in Fedmet Resources Corporation v.
United States, Court No. 23-00117, sustaining the U.S. Department of
Commerce (Commerce)'s remand redetermination pertaining to the covered
merchandise inquiry (CMI) related to refractory bricks with added
alumina. Commerce is notifying the public that the CIT's final judgment
is not in harmony with Commerce's final determination in that CMI, and
that Commerce is amending the final CMI determination to find that
refractory bricks with added alumina are excluded from the orders.
DATES: Applicable October 19, 2025.
FOR FURTHER INFORMATION CONTACT: Brittany Bauer, AD/CVD Operations,
Office V, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-3860.
SUPPLEMENTARY INFORMATION:
Background
On May 4, 2023, Commerce published its Final CMI Determination,
which found that refractory bricks with less than five percent added
alumina were magnesia carbon bricks (MCBs) and were, thus, covered by
the scope of the Orders.\1\
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\1\ See Certain Magnesia Carbon Bricks from the People's
Republic of China: Final Determination in Covered Merchandise
Inquiry, 88 FR 28495 (May 4, 2023), and accompanying Issues and
Decision Memorandum (Final CMI Determination); see also Certain
Magnesia Carbon Bricks from Mexico and the People's Republic of
China: Antidumping Duty Orders, 75 FR 57257 (September 20, 2010);
and Certain Magnesia Carbon Bricks from the People's Republic of
China: Countervailing Duty Order, 75 FR 57442 (September 21, 2010)
(collectively, Orders).
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Fedmet Resources Corporation appealed Commerce's Final CMI
Determination. On December 12, 2024, the CIT remanded the Final CMI
Determination to Commerce, holding that precedent from the U.S. Court
of Appeals for the Federal Circuit (Federal Circuit) interpreted the
scope to not specify a cut-off percentage for low alumina versus high
alumina refractory bricks, such that the addition of any alumina to an
MCB renders the brick outside the scope of the Orders.\2\
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\2\ See Fedmet Resources Corporation v. United States, Slip Op.
24-136 (CIT December 12, 2024); see also Fedmet Resources Corp. v.
United States, 755 F. 3d 912 (Fed. Cir. 2014).
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In its final remand redetermination, issued in March 2025, Commerce
found, under protest, that MCBs with any added alumina were excluded
from the scope of the Orders.\3\ The CIT sustained Commerce's final
redetermination.\4\
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\3\ See Final Results of Redetermination Pursuant to Court
Remand, Fedmet Resources Corporation v. United States, Court No. 23-
00117, Slip Op. 24-136 (CIT December 12, 2024), dated March 12,
2025, available at <a href="https://access.trade.gov/public/FinalRemandRedetermination.aspx">https://access.trade.gov/public/FinalRemandRedetermination.aspx</a>.
\4\ See Fedmet Resources Corporation v. United States, Court No.
23-00117, Slip Op. 25-136 (CIT October 9, 2025).
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[[Page 60617]]
Timken Notice
In its decision in Timken,\5\ as clarified by Diamond Sawblades,\6\
the Federal Circuit held that, pursuant to sections 516A(c) and (e) of
the Tariff Act of 1930, as amended (the Act), Commerce must publish a
notice of court decision that is not ``in harmony'' with a Commerce
determination and must suspend liquidation of entries pending a
``conclusive'' court decision. The CIT's October 9, 2025, judgment
constitutes a final decision of the CIT that is not in harmony with
Commerce's Final CMI Determination. Thus, this notice is published in
fulfillment of the publication requirements of Timken.
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\5\ See Timken Co. v. United States, 893 F.2d 337 (Fed. Cir.
1990) (Timken).
\6\ See Diamond Sawblades Manufacturers Coalition v. United
States, 626 F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades).
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Amended Final Determination
Commerce will instruct U.S. Customs and Border Protection (CBP)
that, pending any appeals, the cash deposit rate will be zero percent
for refractory bricks with any added alumina. In the event that the
CIT's final judgment is upheld on appeal, Commerce will instruct CBP to
liquidate entries of refractory bricks with added alumina without
regard to antidumping and countervailing duties and to lift suspension
of liquidation of such entries.
Notification to Interested Parties
This notice is issued and published in accordance with sections
516A(c) and (e) and 777(i)(1) of the Act.
Dated: December 19, 2025.
Christopher Abbott,
Deputy Assistant Secretary for Policy and Negotiations, performing the
non-exclusive functions and duties of the Assistant Secretary for
Enforcement and Compliance.
[FR Doc. 2025-23772 Filed 12-23-25; 8:45 am]
BILLING CODE 3510-DS-P
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